Research On The Protection Of Rights And Interests Of Overage Workers With Existing Labor Relations

Since the 21 st century,employment forms have gradually become more diverse.Due to the existence of objective factors such as the promotion of population aging,the needs of workers,the operating needs of employers,and the current legislation in China that does not set an upper limit on the age of workers,such as the existence of objective factors,employees over the legal retirement age have returned to the labor market again.A labor phenomenon that cannot be ignored now.In judicial practice,different regions have different understandings and disputes about how to apply the law,how to characterize,and how to protect the rights and interests of over-aged employees who have existing labor relations.This is not conducive to the establishment of China’s judicial authority to a certain extent,and may also breed and accumulate social contradictions.After analyzing 52 collected judgment documents on the protection of the rights and interests of over-aged employees with existing labor relations,it was found that in judicial practice,the qualitative behavior of over-aged employment with existing labor relations between various regions and the application of laws Certain controversy,the phenomenon of different judgments in the same case frequently appear,and the protection of the rights and interests of over-aged employees who have existing labor relations is still inadequate.The theory has a guiding role in practice.The reason why different regions adopt different treatment schemes is due to the different theoretical foundations behind them.Different theories have a certain market share in judicial practice.At present,the overage employment of existing labor relations in the theoretical world is divided into two cases: absolute doctrine and relative doctrine.The theory of absoluteness includes the theory of labor relations and the theory of labor relations;the theory of relativity is divided into the theory of social insurance standards and the theory of special labor relations.Doctrines and opinions are divergent.Through the analysis of these doctrines,it is found that each of them has advantages and disadvantages.The protection of the rights and interests of over-aged employees who have existing labor relations needs to follow three basic principles: the principle of equal protection,the principle of preferential protection,and the principle of balance of interests.Regardless of how the status of an over-aged employment person who has an existing labor relationship is determined,the basic survival rights of over-aged employees who have an existing labor relationship should be minimally protected in advance.Separation of protection can achieve the unity of legal and social effects.The analysis of over-age employment with existing labor relations should finally be reverted to how to specifically protect the rights and interests of over-age employees with existing labor relations.Standing on the combination of international perspectives,learning from foreign excellent experiences,and examining the specific practices of countries that deal with similar problems abroad,mainly including raising the legal retirement age,implementing a flexible retirement system,reforming the pension system,and reducing contributions Experiences such as work injury insurance thresholds are worth learning in China,and they are feasible.Proceeding from the actual situation in China,we put forward ideas for solving the protection of the rights and interests of overaged employees with existing labor relations.We should resolve judicial differences from the unified legal provisions,establish a labor protection system for over-aged employees with existing labor relations,and design a flexible retirement system.Starting from the four aspects of improving the right relief mechanism,to achieve more complete and comprehensive protection of the rights and interests of over-aged employees who have existing labor relations,to achieve the unification of legal effects and social effects,the humanist aura shines in the framework of the market economy Fai.